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GODFRED NANA ADU DARKO V. AMENFIMAN RURAL BANK

(2025) JELR 114156 (HC)

High Court  •  BFS/08/2024  •  20 Jan 2025  •  Ghana

Coram
CHARLES KWESI BENTUM, J

Appearances
Nana Yaa Konadu Aninkorah holding the brief of Richard Obeng Mensah for the Plaintiff. Yaw Nkansah Abankroh holding the brief of Diana Essien for the Defendant.

Judgement

JUDGMENT

In the Plaintiff’s substantive relief, he claims against the Defendant, an Order compelling the Bank, to release the deed of discharge on H/No. Plot 5, 1st Avenue, Aboabokese, Atwima-Kwanwoma District, Ashanti to him.

This relief, from the evidence before the Court, is contingent on Exhibit ā€œBā€.Ā  This Exhibit is Terms of Settlement executed between the parties inĀ 

Suit No. BFS/12/2021, entitled:

Amenfiman Rural Bank LtdĀ 

Ā Ā Ā Ā Ā Ā Ā  Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā  VsĀ 

1.Ā Ā Ā Ā  Rev Goddy EnterpriseĀ 

2.Ā Ā Ā Ā  Gloria Poku

In pleading, it was contended by Plaintiff at paragraph 19 of his Statement of Claim that, he fulfilled his obligation under the Terms of Settlement before September, 2023.Ā Ā 

The basis for Plaintiff stating that, he fulfilled his obligation under Exhibit ā€œBā€, the Terms of Settlement was pleaded in paragraphs 17 and 18 of the Statement of Claim as follows:

ā€œ17.Ā The Plaintiff states that on 5th July 2023, he received a messageĀ from the Senior Credit Officer of the Defendant (Felix Barfo) which state…

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